20220241 Ver 1_2nd RPOT extension request_20220926

DocuSign Envelope ID: BBF31 EAD-914E-4728-921 F-FCECDAFDA660
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
Mr. Tommy Fennel
Chief, Regulatory Division
U.S. Army Corps of Engineers
Wilmington District
NORTH CAROLINA
Environmental Quality
September 26, 2022
(Delivered via email at [e-mail])
Subject:
Dear Chief Fennel,
Responsible Period of Time Extension Request
Martin Marietta Belgrade Quarry Expansion 401 Water Quality Certification,
Jones County
Corps Action ID# SAW-2019-00233; DWR# 20220241
On February 11, 2022, the Division of Water Resources (DWR) received an application from
Martin Marietta for an Individual 401 Water Quality Certification for the Belgrade Quarry
Expansion in Jones County. On May 24, 2022 the Division requested that the reasonable period
of time be extended until October 15, 2022. On June 2, 2022 the Washington Field Office of the
US Army Corps of Engineers granted the request. On July 14, 2022 the DWR received additional
information from the applicant, however the response was insufficient and the DWR is unable
to certify the project at this time. DWR respectfully requests that the reasonable period of time
be extended again until January 31, 2023. In support of this request, we direct your attention
to the following considerations:
Pending information request: DWR sent a request for more information to the applicants
dated March 23, 2022. The applicants submitted a partial response to DWR on May 13, 2022
and on July 14, 2022. The applicant's response indicates that they continue to propose
donation of property for Permittee Responsible Mitigation for partial credits. The Permittee
Responsible Mitigation proposal requires continued evaluation by the agencies. The Division is
unable to complete its review and determine the project's compliance with state water quality
standards until receipt and review of the satisfactory Mitigation Plan.
USACE Pending information request: DWR has received copy of a request for additional
information sent by the USACE to the applicant on September 21, 2022. Information requested
D_E
NORTH CAROLINA
napermrene m E,mimwren al gnaiiry
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11611 Mail Service Center I Raleigh, North Carolina 27699-1611
919.707.9000

DocuSign Envelope ID: BBF31 EAD-914E-4728-921 F-FCECDAFDA660
within that letter would directly impact DWR's 401 certification review and therefore is
necessary prior to DWR making a final certification decision.
By making this request, DWR does not waive its right to determine that additional information
or time is necessary to process the application. Further, DWR does not waive its right to contest
the legality of the Corps' August 7, 2019, Regulatory Guidance Letter, Corps regulations
implementing section 401 of the Clean Water Act, or any actions taken by the Corps pursuant
thereto.
We respectfully request that you provide your written concurrence by October 10, 2022.
If you have any questions, please contact Sue Homewood at 336-776-9693 or
[e-mail].
Sincerely,
DocuSigned by:
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949D91 BA53EF4E0...
Paul Wojoski, Supervisor
401 & Buffer Permitting Branch
Electronic cc: James Lastinger, Chief, USACE Washington Field Office
Emily Thompson, USACE Washington Field Office
DWR 401 & Buffer Permitting Branch file
NORTH CAROLINAD E
ffaperhrentof Emironmente 14uaI\
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11611 Mail Service Center I Raleigh, North Carolina 27699-1611
919.707.9000